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HARVEST SAVINGS BANK v. ROI INVESTMENTS

No. 96-0998.

209 Wis.2d 586 (1997)

563 N.W.2d 579

HARVEST SAVINGS BANK a/k/a Harvest Savings Bank, F.S.B., Plaintiff, v. ROI INVESTMENTS, a Wisconsin general partnership, John R. Ammerman, Robert L. Klein, Defendants-Appellants, PAYNE AND DOLAN, INC., Defendant, COMMUNITY NATIONAL BANK, Defendant-Respondent, Richard SENN and Denise Senn, Defendants, BANK OF SUN PRAIRIE, Interested Party-Appellant.

Court of Appeals of Wisconsin.

Decided March 27, 1997.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Linda S. Balisle of Balisle & Roberson, S.C. of Madison.

For the defendant-respondent the cause was submitted on the brief of Daniel W. Stolper and Meg Vergeront of Stafford, Rosenbaum, Rieser & Hansen of Madison.

Before Dykman, P.J., Roggensack and Deininger, JJ.

DYKMAN, P.J.

ROI Investments (ROI) appeals from an order granting Community National Bank (CNB) the entire §235,380.20 surplus resulting from the foreclosure and sheriff's sale of a commercial office building owned by ROI. CNB included in its claim $58,131.69 for real estate taxes on the property that it paid after confirmation of the sheriff's sale and $15,252.75 in attorneys' fees incurred after August 3, 1995. ROI argues that: (1) CNB is not entitled to reimbursement...

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